- 20 - 1991 Federal income tax return and under section 6651(f) for fraudulently failing to file Federal income tax returns for 1992 and 1993. Respondent has the burden of proving fraud by clear and convincing evidence. Sec. 7454(a); Rule 142(b); Parks v. Commissioner, 94 T.C. 654, 660 (1990). Respondent must prove by clear and convincing evidence (1) that petitioners underpaid their taxes in each year and (2) that petitioners intended to evade taxes by conduct intended to conceal, mislead, or otherwise prevent tax collection. Parks v. Commissioner, supra at 660-661. I. Underpayment of Tax First, respondent must prove by clear and convincing evidence the existence of an underpayment of tax for each of the years at issue. For fraud purposes, respondent may not rely upon petitioners' failure to carry the burden of proof as to the underlying deficiency. Id.; Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989); Estate of Beck v. Commissioner, 56 T.C. 297, 363 (1971). Respondent asserts that, using the bank deposits and cash expenditures method, Beck's Liquors underpaid its tax by $44,274.16 in 1991, $23,047.49 in 1992, and $37,064.66 in 1993. Respondent asserts that Mr. Beck received constructive dividends from Beck's Liquors in each of the years at issue, and, as a result, Mr. Beck underpaid his taxes in 1991, 1992, and 1993,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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